Section 169A.33

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169A.33 UNDERAGE DRINKING AND DRIVING. Subdivision 1. Definition. As used in this section, "motor vehicle" does not include
motorboats in operation or off-road recreational vehicles. Subd. 2. Crime described. It is a crime for a person under the age of 21 years to drive,
operate, or be in physical control of a motor vehicle while consuming alcoholic beverages, or
after having consumed alcoholic beverages while there is physical evidence of the consumption
present in the person's body. Subd. 3. Criminal penalty. A person who violates subdivision 2 is guilty of a misdemeanor. Subd. 4. Administrative penalty. When a person is found to have committed an offense
under subdivision 2, the court shall notify the commissioner of its determination. Upon receipt of
the court's determination, the commissioner shall suspend the person's driver's license or operating
privileges for 30 days, or for 180 days if the person has previously been found to have violated
subdivision 2 or a statute or ordinance in conformity with it. Subd. 5. Exception. If the person's conduct violates section
169A.20 (driving while
impaired) or
169A.31 (alcohol-related school bus or Head Start bus driving), the penalties
and license sanctions in those laws or section
169A.54 (impaired driving convictions and
adjudications; administrative penalties) apply instead of the license sanction in subdivision 4.
Subd. 6. Jurisdiction. An offense under subdivision 2 may be prosecuted either in the
jurisdiction where consumption occurs or the jurisdiction where evidence of consumption is
observed.History: 2000 c 478 art 1 s 18